Overview
Malawi offers protection for trademarks, patents, and industrial designs through its national legal framework, which is administrated by the Registrar General’s Department under the Ministry of Justice. Additionally, Malawi is a member of the African Regional Intellectual Property Organization (ARIPO), giving applicants the option to file regionally and secure broader coverage across multiple ARIPO member states.
Malawi’s IP environment adheres to accepted international standards, so both domestic and foreign applicants can benefit from recognized procedures to register and enforce their rights. Local enforcement mechanisms, including administrative and judicial actions, are in place to deal with potential infringements.
International Conventions
Malawi participates in several international treaties shaping its IP framework, including:
Paris Convention
Berne Convention
TRIPS Agreement
Patent Cooperation Treaty (PCT)
IP office
Trademark registration in Malawi is handled by the Registrar General’s Department. A single-class filing system applies, requiring a separate application for each class of goods or services.
Applicants must submit a clear reproduction of the trademark and pay the applicable fees.
Substantive examination checks for distinctiveness and potential conflicts with earlier trademarks.
Once granted, trademark protection lasts for 7 years from the filing date, and can be renewed for additional 14-year periods.
Applicants must provide accurate details such as name, address, and the goods or services included in one class.
As Malawi is part of ARIPO, a regional route is available for trademark applicants seeking coverage in multiple jurisdictions.
Trademarks registered in Malawi confer exclusive rights, enabling owners to seek legal remedies through local courts if infringement arises.
Patent protection in Malawi requires an application filed with the Registrar General’s Department or, alternatively, via ARIPO for broader territorial coverage. The invention must demonstrate novelty, inventive step, and industrial applicability.
The term of the patent is 16 years from the filing date, subject to annuities fees.
Applicants submit a detailed specification, claims, and relevant supporting documents.
A substantive examination verifies compliance with patentability criteria under Malawi’s laws.
As a PCT contracting state, Malawi allows applicants to enter the national phase following an international filing under the PCT system.
Once a patent is granted, the patentee holds exclusive rights within Malawi, ensuring legal recourse against unauthorized exploitation of the invention.
Industrial designs in Malawi focus on the visual or aesthetic elements of an article. Applications are lodged with the Registrar General’s Department or through ARIPO if desired for broader regional coverage.
Applicants must file clear representations of the design and pay official fees.
Design registrations typically last for an initial term of five years, renewable twice for a total of 15 years.
Applicant information must be accurate to facilitate the registration process.
Upon registration, design proprietors gain the exclusive right to restrict others from producing or selling products embodying the protected design in Malawi.
